LTB Order LTB-L-003915-23

Amended Order 2023 ONLTB 27771 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 And section 21.1 of the Statutory Powers Procedure Act Citation: VALOR PROPERTIES INC v Abubakr, 2023 ONLTB 27771 Date: 2023-03-27 File Number: LTB-L-003915-23-AM In the matter of: 8, 229 MOHAWK RD E HAMILTON ON L9A2H5 Between: VALOR PROPERTIES INC Landlord And El husain Abubakr Tenant Pursuant to a request filed by the Landlord on May 4, 2023, the order is clerically amended to include the rental unit number. The correction has been bolded and underlined for ease of reference. VALOR PROPERTIES INC (the 'Landlord') applied for an order to terminate the tenancy and evict El husain Abubakr (the 'Tenant') and for an order to have the Tenant pay compensation for damage they owe because the Tenant did not meet a condition specified in the order issued by the LTB on December 12, 2022 with respect to application LTB-L-068852 22. This application was decided without a hearing being held. Determinations: 1. The order provides that the Landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenant to terminate the tenancy and evict the Tenant if the Tenant does not meet certain condition(s) in the order. This application was filed within 30 days of the breach. 2. I find that the Tenant has not met the following conditions specified in the order:  The Tenant did not pay the full rent for the month of January, 2023 on or before January 1, 2023. Order Page: 1 of 4  File Number: LTB-L-003915-23-AM 3. The previous application includes a request for an order for compensation for damage and the order requires the Tenant to pay an amount for damage. Accordingly, the Landlord is entitled to request an order for compensation for damage. 4. This order replaces order LTB-L-068852 22. 2023 ONLTB 27771 (CanLII) 5. The Landlord does not hold a rent deposit for this unit. 6. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenant moves out of the unit at a daily rate of $22.19. This amount is calculated as follows: $675.02 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-068852 22 is cancelled. 2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before April 07, 2023. 3. If the unit is not vacated on or before April 07, 2023, then starting April 08, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 4. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after April 08, 2023. 5. The Tenant shall pay to the Landlord $1,290.67* less any payments made by the Tenant on or after January 12, 2023. This amount represents new arrears as of January 1, 2023. 6. The Tenant shall also pay to the Landlord $22.19 per day for compensation for the use of the unit starting March 28, 2023 to the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before April 07, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from April 8, 2023 at 5.00% annually on the balance outstanding. March 27, 2023 Date Issued June 29, 2023 Date Amended Vladislav Shustov Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 Order Page: 2 of 4  File Number: LTB-L-003915-23-AM The Tenant has until April 06, 2023 to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenant files the motion by April 06, 2023 the order will be stayed and the LTB will schedule a hearing. If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. 2023 ONLTB 27771 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on October 08, 2023 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. * Refer to the attached Summary of Calculations. Order Page: 3 of 4  File Number: LTB-L-003915-23-AM Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 27771 (CanLII) New Arrears January 1, 2023 to March 27, 2023 $1,290.67 Plus daily compensation owing for each day of occupation $22.19 (per day) starting March 28, 2023 Total the Tenant must pay the Landlord: $1,290.67 +$22.19 per day starting March 28, 2023 Order Page: 4 of 4